How California's Subsequent Injury Fund Benefits the Injured Worker Who Suffered Disability Prior to His/Her Current Industrial Injury.
Benefits From the Subsequent Injury Fund
Labor Code Section 4751 permits combination of current disability with pre-existing disability so long as the combined disabilities rate 70% or more and file for benefits against the DIR's (Department of Industrial Relations) SIBTF ( Subsequent Injuries Benefits Trust Fund) for increased monthly compensation for the injured worker. For example a worker with a ratable 40% industrial injury (the subsequent injury) wh suffered a pre-existing cardiac disability that rates at least 30% would be eligible for SIF or SIBTF benefits.
Apportionment of permanent Disability Post SB 899
After the legislature passed and Governor Schwarzeneger signed into law SB 899, apportionment of permanent disability became a reality. For example if an injured worker suffered a 70% injury to his/her spine and 30% is apportioned to a prior spinal injury the value of his/her claim is reduced accordingly. However labor Code Section 4751 permits the 30% pre-existing condition to be combined with a 40% current spinal disability so that the 70% threshold is met and the injured worker is eligible to pursue SIF benefits
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